Guaranteeing a minimum return of class action proceeds to class members

This consultation process has now been completed. Submissions available
Consultation Type
Consultation Paper

Key Documents

On 21 December 2020, the Parliamentary Joint Committee on Corporations and Financial Services (PJC) handed down its report, Litigation funding and the regulation of the class action industry.

Recommendation 20 of the report was that the Australian Government consult on:

  • the best way to guarantee a statutory minimum return of the gross proceeds of a class action (including settlements)
  • whether a minimum gross return of 70 per cent to class members, as endorsed by some class action law firms and litigation funders, is the most appropriate floor
  • whether a graduated approach taking into consideration the risk, complexity, length and likely proceeds of the case is appropriate to ensure even higher returns are guaranteed for class members in more straightforward cases.

This joint consultation by the Treasurer and the Attorney-General responds to Recommendation 20 of the PJC’s report. The consultation will close on 28 June 2021.

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23 submissions were received for this consultation, including 1 confidential submission.

Ai Group - pdf 318.87 KB
Allens - pdf 412.65 KB
Burford Capital - pdf 250.16 KB
Cashman, Dr Peter - pdf 308.06 KB
Investor Claim Partner - pdf 108.16 KB
Johnson & Johnson - pdf 305.42 KB
Law Council of Australia - pdf 927.85 KB
Omni Bridgeway - pdf 1.39 MB
Phi Finney McDonald - pdf 115.1 KB
Piper Alderman - pdf 231.21 KB
Shine - pdf 715.93 KB
Therium - pdf 200.88 KB